Bipolar Disorder is classically characterized by extreme and unpredictable mood swings between depression and manic episodes, and such alternating swings of highs and lows impact upon one’s judgment, perception, orientation, and ability to maintain a rational perspective. This psychiatric medical condition, with its symptoms of lethargy, racing thoughts, delusional thought processes leading to long periods of excitability, alternating with unrelenting and intractable depressive moods, impacts many different kinds of duties and daily living activities. It can impact physically-intensive job duties, and not just cognitive-intensive core elements of one’s job.

For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, it is important to understand the psychiatric medical condition; whether a medication regimen returns one to a sufficient level of functional sufficiency such that one can continue to perform all of the essential elements of one’s job; and, if not, then how best to prepare, formulate, construct and complete a Federal Disability Retirement application under either FERS or CSRS. What is often known as OPM Disability Retirement is a benefit which must be fought for, in order to secure one’s future ability to receive an income — perhaps to reach that level of functionality that one may return to the labor force despite the medical condition.

Remember that there is nothing wrong with issues and events in the workplace being the originating factor which instigates or otherwise propels a medical condition — often (though not necessarily always) a psychiatric condition. The characterization of a “situational disability” (one of the basis upon which the Office of Personnel Management may attempt to deny a Federal Disability Retirement application) only becomes a problem if and when a psychiatric condition prevents a person from performing one or more of the essential elements of his or her job with a particular office, agency or department.

If the Federal or Postal employee is unable to perform in a particular job in an office or agency, but is able to perform the same basic set of essential elements with another agency, or in the private sector, then it becomes a case of “situational disability”. However, if the medical condition pervades other aspects of the Federal or Postal employee’s life — personal life; relationships with family & friends; impacts his or her ability to be employable in other sectors; then the medical condition is no longer one of “situational disability” — despite its origins having been formulated in the workplace. Thus, the issue is not “where the condition came from”, but rather, “where is it now”? The Office of Personnel Management will often attempt to blur the boundaries between the two questions, and try and characterize the medical disability as not only originating with an agency, but being limited to that particular agency. And, indeed, the Federal or Postal employee who files a Federal Disability Retirement application under FERS or CSRS does not help matters when he or she wants to persist in focusing upon the events in the workplace which may have contributed to the medical condition. Beware not to fall into OPM’s trap.

Termination by a Federal Agency or the Postal Service can be a trying time, even if it has been a long time in expectancy. The key is to try and begin negotiating with the agency even before the Notice of proposed termination is issued. During that period when you know that the Agency is considering filing a Notice of Proposed Termination, is precisely the window of opportunity to try and convince & persuade the agency that the underlying basis of any proposed termination is and should be based upon your medical inability to perform one or more of the essential elements of your job. This would be done through various means: submission of medical documentation to your supervisor, agency & Human Resources personnel; addressing key points concerning conduct or performance with medical evidence showing a direct and causal correlation between such conduct or performance with the medical evidence, etc. If, on the other hand, a Notice of Proposed Termination is issued but one which is not based upon one’s medical condition, that does not mean that the window of opportunity has been lost — it just may mean that the strategy and tactic to try and persuade the Agency to amend the proposed termination may have to be adapted. The key to all of this is to make sure and aggressively attack, rebut, and answer, at all stages of any proposed termination, in order to gain an advantage for one’s medical disability retirement.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.